Terms of service
The EZVIZ Australia website ("Site") is operated by Directed Electronics Australia Pty Ltd, the authorised distributor of EZVIZ products in Australia and New Zealand.
No portion of this service may be reproduced in any form, or by any means, except as authorized below, without the prior written permission of Directed Electronics Australia Pty Ltd or, where applicable, the relevant intellectual property owner.
1. Acceptance of Terms through Use
By accessing or using this Web Site (“Site”), you agree to be bound by all terms, conditions and notices contained or referenced in these Terms of Use. If you do not agree to these Terms of Use, you must not access or use this Site.
This Site is operated by Directed Electronics Australia Pty Ltd in connection with the distribution and sale of EZVIZ products in Australia and New Zealand. References to “we”, “us” or “our” in these Terms of Use refer to Directed Electronics Australia Pty Ltd.
The content, information and other materials made available through this Site, including information relating to EZVIZ products and services (collectively, the “Materials”), are provided for general information and use by visitors to the Site.
Directed Electronics Australia Pty Ltd reserves the right to amend, update or replace these Terms of Use at any time at its discretion. Any changes will take effect once published on this Site. You should review these Terms of Use periodically. Your continued use of the Site after any changes are published constitutes your acceptance of the updated Terms of Use.
If you breach these Terms of Use, Directed Electronics Australia Pty Ltd reserves the right to exercise any rights or remedies available under applicable law.
2. Use of Site
You acknowledge and agree that all Materials available on this Site, including text, graphics, images, logos, product information, software, trademarks and other content, are protected by applicable copyright, trademark and other intellectual property laws. Unless otherwise stated, all rights are reserved.
Except as expressly permitted in these Terms of Use, you must not copy, reproduce, distribute, republish, modify, download, transmit, display, post or otherwise use any Materials from this Site, in whole or in part, in any form or by any means, without the prior written permission of Directed Electronics Australia Pty Ltd or the relevant intellectual property owner.
Directed Electronics Australia Pty Ltd authorises you to access, view and download Materials from this Site solely for your personal, lawful and non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original Materials on any copies you make.
You must not use any Materials from this Site on another website, server or networked computer environment, or for any commercial purpose, without prior written permission from Directed Electronics Australia Pty Ltd or the relevant intellectual property owner.
Any unauthorised use of the Materials or this Site may violate applicable laws and will automatically terminate your authorisation to use this Site. Upon termination, you must immediately cease using the Site and destroy any downloaded or printed copies of the Materials in your possession.
3. Use of Software
If you download any software, firmware, application or related material from this Site (“Software”), your use of that Software is subject to the applicable licence terms provided with, incorporated into or otherwise made available in connection with the Software.
You must not download, install, access or use any Software unless you have read and agreed to the applicable licence terms.
4. General Disclaimer and Limitation of Liability
While Directed Electronics Australia Pty Ltd has taken reasonable care to ensure the information and Materials on this Site are accurate and current, Directed Electronics Australia Pty Ltd does not warrant or represent that the information or Materials are complete, accurate or up to date, that this Site will always be available, that any defects or errors will be corrected, or that this Site or its servers are free from viruses or other harmful components.
Your use of this Site is entirely at your own risk. Directed Electronics Australia Pty Ltd reserves the right to modify, update or discontinue any information, Materials, products or services available on this Site at any time without notice. References to third-party products or services are provided for information only and do not constitute an endorsement or recommendation by Directed Electronics Australia Pty Ltd.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, MATERIALS AND CONTENT MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIRECTED ELECTRONICS AUSTRALIA PTY LTD, ITS RELATED ENTITIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR THE COST OF REPLACEMENT GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS SITE OR ANY PRODUCTS PURCHASED THROUGH THIS SITE, EVEN IF DIRECTED ELECTRONICS AUSTRALIA PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
Nothing in these Terms of Use excludes, restricts or modifies any rights or remedies that cannot be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.
5. User Communications
Other than personal information, which is collected, used and disclosed in accordance with the Directed Electronics Australia Pty Ltd Privacy Policy, any information, feedback, suggestions, comments, ideas, images, audio, text or other materials that you transmit or post to this Site ("User Communications") will be considered non-confidential and non-proprietary.
By submitting User Communications to this Site, you grant Directed Electronics Australia Pty Ltd a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, translate, distribute, display and otherwise use those User Communications for the purpose of operating, promoting and improving this Site and its products and services.
You warrant that you own, or have all necessary rights and permissions to submit, the User Communications and that their submission and use by Directed Electronics Australia Pty Ltd will not infringe the rights of any third party or breach any applicable law.
You must not post or transmit any material through this Site that is unlawful, misleading, defamatory, abusive, threatening, obscene, offensive, fraudulent, or otherwise objectionable, or that may give rise to civil or criminal liability. Directed Electronics Australia Pty Ltd reserves the right, but is not obliged, to remove or refuse any User Communications that it considers inappropriate or in breach of these Terms of Use.
6. Removal of Content and Discontinuation of Service; Termination of Authorization to Use Site
Directed Electronics Australia Pty Ltd reserves the right, at any time and without prior notice, to modify, suspend or discontinue any part of this Site, including any content, products, services or functionality made available through it.
Directed Electronics Australia Pty Ltd may also suspend or terminate your access to this Site, your account (if applicable), or any services provided through this Site, immediately and without notice, where Directed Electronics Australia Pty Ltd reasonably believes that you have breached these Terms of Use, engaged in unlawful or fraudulent conduct, or otherwise used this Site in a manner that may cause harm to Directed Electronics Australia Pty Ltd, its customers or other users.
Upon termination of your authorisation to use this Site, you must immediately cease accessing or using the Site and destroy any downloaded or printed Materials obtained from the Site. Any provisions of these Terms of Use that by their nature are intended to survive termination will continue to apply after your access to the Site has ended.
7. Links to Third Party Sites
This Site may contain links to third-party websites or resources for your convenience. These websites are not owned, operated or controlled by Directed Electronics Australia Pty Ltd.
Directed Electronics Australia Pty Ltd is not responsible for the content, accuracy, availability, security or privacy practices of any third-party websites, nor does Directed Electronics Australia Pty Ltd endorse or make any representations regarding any products, services or information available through those websites.
Your access to and use of any third-party website is entirely at your own risk and subject to the terms and conditions and privacy policies of the relevant third party. Directed Electronics Australia Pty Ltd accepts no responsibility or liability for any loss or damage arising from your use of, or reliance on, any third-party website or its content.
8. Indemnification
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Directed Electronics Australia Pty Ltd, its related entities, directors, officers, employees, agents and contractors from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal costs on a full indemnity basis) arising out of or in connection with:
- your use of this Site;
- your breach of these Terms of Use;
- your violation of any applicable law or the rights of any third party; or
- any User Communications submitted by you through this Site.
Directed Electronics Australia Pty Ltd reserves the right, at its own expense, to assume the exclusive defence and control of any matter that is otherwise subject to indemnification by you. In such circumstances, you agree to cooperate fully with Directed Electronics Australia Pty Ltd in the defence of that matter.
9. Choice of Law and Forum
These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law principles.
You agree that any dispute, claim or controversy arising out of or relating to these Terms of Use, your use of this Site, or any products or services supplied through this Site shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia, and any courts entitled to hear appeals from those courts.
Nothing in these Terms of Use limits or excludes any rights or remedies available to consumers under the Australian Consumer Law or any other applicable legislation.
10. General Provisions
These Terms of Use constitute the entire agreement between you and Directed Electronics Australia Pty Ltd in relation to your access to and use of this Site and supersede all prior or contemporaneous communications, representations and agreements relating to the subject matter of these Terms of Use.
Your use of certain products, services or features available through this Site may also be subject to additional terms and conditions, which will apply in addition to these Terms of Use where relevant.
If Directed Electronics Australia Pty Ltd does not exercise or enforce any right or provision of these Terms of Use, this does not constitute a waiver of that right or provision.
If any provision of these Terms of Use is found to be unlawful, invalid or unenforceable by a court of competent jurisdiction, that provision will be severed to the extent necessary, and the remaining provisions will continue in full force and effect.
To the extent permitted by law, any cause of action or claim arising out of or relating to your use of this Site must be commenced within one (1) year after the cause of action arises. If not commenced within that period, the claim will be permanently barred.